Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.24 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS
15.24.010 1985 Uniform Code for the Abatement of Dangerous Buildings adopted.
15.24.020 Amendments to Uniform Code.
15.24.030 Account of expenses.
15.24.040 Collection of expenses.
15.24.010 1985 Uniform Code for the Abatement of Dangerous Buildings adopted.
The Uniform Code for the Abatement of Dangerous Buildings, 1985 Edition,
published by the International Conference of Building Officials, is hereby
adopted by reference subject to the amendments to the code as set forth in this
chapter. (Ord. 402 § 1 (part), 1986)
15.24.020 Amendments to Uniform Code.
A. Board of Appeals. Section 205 of the code is amended as
follows:
(1) The words “and who are not employees of the
jurisdiction” are deleted from Section 205 of the code.
(2) There is
added to the end of Section 205 of the code the following language:
“Until a Board of Appeals has been constituted and is functional as
required under Section 205 of the Code, the City Council shall perform the
duties and functions of the Board of Appeals.”
B. Housing Code. Any
reference to the “Housing Code” which is the Uniform Housing Code
promulgated by the International Conference of Building Officials is deleted in
its entirety.
C. Recordation of Notice and Order. The words “office
of the county recorder” in the first sentence of Section 402 of the code
shall be replaced with the following language: “Kenai District
Recorder’s Office.”
D. Reporting. The first sentence of Section
601(C) of the code, which requires phonographic reports of hearing appeals, is
deleted.
E. Failure to Commence Work. Section 701(C) of the code is amended
by the addition of the following subsections 4 and 5 as follows:
4. Prior to the time of demolition, the Building Official has the
authority to enter the dangerous building to make an inspection for any personal
property of value that may be abandoned on the premises. If such property is
discovered, an inventory shall be taken and the final notice of demolition to
the record owner of the dangerous building shall include the inventory and a
request that the owner remove such property before demolition. This notice
shall also state that if the owner fails to remove the discovered property prior
to the demolition, the owner may redeem said property only under conditions set
forth below.
5. At the time of demolition, the demolition contractor has the authority
to remove the inventoried abandoned property from the premises and store same
safely. The record owner of the demolished property may, within 30 days after
the date of demolition, redeem the stored property upon the payment of a
reasonable storage fee to the demolition contractor. If the record owner of the
demolished building fails to redeem the stored property, it shall become the
property of the demolition contractor who shall have no recourse against the
record owner of the demolished building or the municipality for any storage
charges.
F. Costs. Section 801(b) is amended to read as
follows:
“The cost of such work shall be paid from the General Fund and shall
be made a personal obligation of the property
owner.”
G. Responsibility for Payment and Enforcement. Section
802 of the code is deleted in its entirety and, in lieu thereof, replaced with
the following: “The responsibility for payment of the charges for
abatement as set forth in this chapter shall rest solely upon the owner(s) of
the property upon which the abatement occurred. The City shall have the right
to bring suit for the collection of charges for abatement as set forth in this
Chapter plus costs and attorneys’ fees against any or all of the parties
responsible for payment.”
H. Recovery of Cost of Repair or Demolition.
Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings (Sections
901 through 912) is repealed in its entirety. Sections 15.24.030 and 15.24.040
of this chapter are substituted for Chapter 9. (Ord. 402 § 1 (part),
1986).
15.24.030 Account of expenses.
A. The building official shall cause to be kept an account of the costs,
including incidental expenses, incurred by the city in the repair or demolition
of any building done pursuant to the provisions of Section 701 (c) (3) of the
uniform code. Upon completion of the work of repair or demolition, the building
official shall forward a bill for collection to the record owner, specifying the
nature and costs of the work performed.
B. The term “incidental
expenses” shall include, but not be limited to, the actual expenses and
cost to the city in the preparation of notices, specifications and contracts,
overhead for force account work, work inspection, interest from the date of
completion at the rate prescribed by law for delinquent real property taxes, and
the costs of printing and mailing notices required hereunder. (Ord. 402 §
1 (part), 1986)
15.24.040 Collection of expenses.
When charges for the repair or demolition of any building done pursuant to
the provisions of Section 701(c)(3) of the uniform code remain unpaid after
thirty days from the date the building official forwards a bill for collection
to the record owner, the attorney for the city shall collect same on behalf of
the city, by use of appropriate legal remedies. (Ord. 402 § 1 (part),
1986).
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